Georgia security deposit law sets rules for how much a landlord may collect, how damage inspections are handled, what deductions may be made, and when the remaining deposit must be returned. The details can depend on the rental agreement, the type of property, and whether the landlord owns more than ten units or uses a management agent.
How Much Security Deposit Can a Georgia Landlord Charge?
For residential lease agreements entered into or renewed on or after July 1, 2024, Georgia law generally prohibits a landlord from demanding or receiving a security deposit greater than the equivalent of two months’ rent. See O.C.G.A. § 44-7-30.1.
Read the lease carefully to distinguish a security deposit from application fees, nonrefundable charges, and other payments. A charge’s legal treatment can depend on how it is described and used.
What Must Happen Before Move-In?
Georgia law requires a comprehensive list of existing damage in situations covered by the inspection provisions. The tenant should receive an opportunity to inspect the property and should keep a copy of the move-in condition list.
Before accepting the property, take dated photographs or videos of each room, appliance, floor, wall, fixture, and exterior area. Report discrepancies in writing and preserve proof of delivery.
Move-Out Inspection Rules
Landlords who own more than ten rental units, including qualifying units owned by a spouse or children, or who use a management agent, generally must follow the formal inspection procedure. Within three business days after termination and vacancy or surrender and acceptance, whichever occurs first, the landlord or agent must inspect the premises and prepare a comprehensive list of damage and estimated costs.
Upon request, the tenant has the right to inspect the premises and the list within five business days after the landlord’s inspection. If the tenant disagrees with an item, the tenant should state the disagreement specifically in writing and retain a copy.
When Must the Security Deposit Be Returned?
Georgia law generally requires the landlord to return the deposit within 30 days after obtaining possession under the statutory procedure. If money is withheld, the landlord must provide a written statement identifying the reasons and, when damage is claimed, include the required damage list. Any remaining balance should accompany the statement.
The landlord may mail the statement and payment to the tenant’s last known address. If the mailing is returned and the landlord cannot locate the tenant after reasonable effort, special rules may apply after 90 days.
What Deductions Are Allowed?
A landlord may generally deduct amounts connected to legally recoverable losses, such as unpaid rent, certain unpaid charges, damage beyond ordinary wear and tear, and other actual damages allowed by the lease and Georgia law. Deductions should be reasonable and supported by documentation.
Normal wear and tear is not the same as damage. Faded paint, ordinary carpet wear, and minor deterioration from normal use should not automatically be charged to the tenant. A landlord should not use a deposit to fund improvements unrelated to the tenant’s responsibility.
What If the Landlord Wrongfully Withholds the Deposit?
A tenant may consider sending a written demand that identifies the amount owed, the move-out date, the forwarding address, and the reasons the withholding is disputed. Include copies of the lease, inspection lists, photographs, receipts, and communications.
Depending on the landlord’s circumstances and the applicable statutory requirements, a tenant may be able to pursue the deposit, interest, court costs, attorney’s fees, and potentially additional damages. Certain enhanced remedies may apply to landlords with more than ten units or landlords using a management agent, subject to statutory exceptions.
Tenant Move-Out Checklist
- Review the lease’s notice and move-out requirements.
- Clean the property and keep receipts for work performed.
- Photograph or record every room after belongings are removed.
- Return keys and document the date possession was surrendered.
- Give the landlord a forwarding address in writing.
- Request and review the final damage list if applicable.
- Save the refund check, accounting statement, and all communications.
Official Sources and Disclaimer
Review Georgia’s Landlord-Tenant Handbook and O.C.G.A. §§ 44-7-30.1, 44-7-33, and 44-7-34 for the governing rules.
Disclaimer: This article is general legal information and is not legal advice. Deadlines, remedies, and exceptions may depend on your lease and facts. Consider consulting a Georgia attorney or legal-aid provider before filing a claim.